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INSURANCE<br />

Exemptions<br />

The IDD applies to any person (natural or legal) who<br />

is established within the EU and sells insurance<br />

and reinsurance products. However, Article 1 of<br />

the IDD specifically excludes ancillary insurance<br />

intermediaries if the following conditions are met:<br />

a. The insurance is complimentary to the good<br />

or service supplied by a provider, where such<br />

insurance covers:<br />

(i) risk of breakdown, loss of, or damage to,<br />

the good or the non-use of the service<br />

supplied by that provider; or<br />

(ii) damage to, or loss of, baggage and other<br />

risks linked to travel booked with that<br />

provider;<br />

b. The amount of the premium paid for the<br />

insurance product does not exceed EUR 600<br />

calculated on a pro-rata annual basis;<br />

c. By way of derogation from point (b), where<br />

the insurance is complementary to a service<br />

referred to in point (a) and the duration of that<br />

service is equal to, or less than, three months,<br />

the amount of the premium paid per person<br />

does not exceed EUR 200.<br />

What do we know so far?<br />

Although it is difficult to calculate the exact amounts<br />

at this stage, the changes brought about by the<br />

new Directive will bring higher costs for insurance<br />

distributors, which eventually will be passed on to<br />

policyholders. Moreover, both governments and<br />

respective regulatory authorities are expected to<br />

incur increased costs as a result of increased checks<br />

and controls.<br />

The new Directive is expected to bring the following<br />

benefits to the market:<br />

• An improved information distribution which<br />

helps potential policyholders to make better<br />

informed decisions on the insurance products<br />

presented to them;<br />

• Increased transparency on both prices and costs<br />

for insurance products. The aim of the IDD is to<br />

provide the customer with clear information<br />

about whether the insurance distributor has<br />

personal economic incentives to sell one<br />

product from the other; and<br />

• Rules of transparency and the overall business<br />

conduct will prevent customers from obtaining<br />

products that do not meet their needs.<br />

The IDD does not restrict a specific business<br />

model for the sale of insurance products. The new<br />

Directive will bring about new concepts of which the<br />

requirements are not yet clear, both at a local and<br />

EU level. The introduction of these requirements<br />

will probably have a huge impact on the insurance<br />

market, given that significant changes are expected<br />

in the day-to-day business of insurance distributors.<br />

Further discussions are expected in the coming days,<br />

together with additional guidelines and rules to be<br />

released by the European Commission.<br />

52 Spring 2018

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